Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-2026 Disabilities: person-first terminology.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 416.17 of the Health and Safety Code is amended to read:

416.17.
 It is the intent of this article that the director, when acting as guardian or conservator of the person of a developmentally disabled person,  person with developmental disabilities,  shall maintain close contact with the developmentally disabled person  person with a developmental disability  no matter where the person is living in this state; shall act as a wise parent would act in caring for the parent’s developmentally disabled child;  child who has developmental disabilities;  shall permit and encourage maximum self-reliance on the part of the developmentally disabled person  person with developmental disabilities  under their protection; and shall work with regional centers and the person, to the greatest extent possible, to develop and implement less restrictive alternatives to conservatorship.

SEC. 2.

 Section 1502.3 of the Health and Safety Code is amended to read:

1502.3.
 For purposes of this chapter, a “community care facility,” pursuant to Section 1502, includes a transitional shelter care facility. A “transitional shelter care facility” means a short-term residential care program that meets all of the following requirements:
(a) It is owned by the county, and operated by the county or by a private nonprofit organization under contract to the county.
(b) It is a group care facility that provides for 24-hour nonmedical care of children who are in need of personal services, supervision, or assistance that is essential for sustaining the activities of daily living, or for the protection of the individual on a short-term basis. As used in this section, “short-term” means up to 90 days from the date of admission.
(c) It is for the sole purpose of providing care for children who have been removed from their homes as a result of abuse or neglect, or both; for children who have been adjudged wards of the court; and, for children who are seriously emotionally disturbed children.  disturbed.  For purposes of this subdivision, “abuse or neglect” means the same as defined in Section 300 of the Welfare and Institutions Code. For purposes of this subdivision, “wards of the court” means the same as defined in Section 602 of the Welfare and Institutions Code. For purposes of this subdivision, “seriously emotionally disturbed children”  “children who are seriously emotionally disturbed”  means the same as defined in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(d) It primarily serves children who have previously been placed in a community care facility and are awaiting placement into a different community care facility that is appropriate to their needs. Children residing in transitional shelter care facilities may include children who are very difficult to place in appropriate community care facilities because of factors which that  may be present in combination, including: threatening, aggressive, suicide, runaway or destructive behaviors and behaviors as defined in Section 5600.3 of the Welfare and Institutions Code.
(e) Based upon an agreement with the county, the licensee shall agree to accept, for placement into its transitional shelter care program, all children referred by the county.
(f) The licensee shall not discharge any child without the permission of the county, except when a child:
(1) Commits an unlawful act and the child must be detained in a juvenile institution.
(2) Requires either of the following:
(A) Physical health care in an acute care hospital.
(B) Mental health services in an acute psychiatric hospital.
(g) The licensee shall provide a program that is designed to be flexible enough to care for a highly variable population size and shall allow for the special needs of sibling groups.

SEC. 3.

 Section 1502.45 of the Health and Safety Code is amended to read:

1502.45.
 (a) (1) Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may only accept for placement, and provide care and supervision to, a child assessed as  children who are  seriously emotionally disturbed as long as the child does  they do  not need inpatient care in a licensed health facility, as defined in Section 1250.
(2) For the purpose of this section, the following definitions shall apply:
(A) “Health facility” has the meaning set forth in Section 1250.
(B) “Seriously  “Children who are seriously  emotionally disturbed” has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b) If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to former  Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1) The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as  are  seriously emotionally disturbed by either of the following:
(A) An interagency placement committee, as described in Section 4096.1 4096  of the Welfare and Institutions Code Code,  or by a licensed mental health professional, as defined in subdivision (g) of  Section 4096 of the Welfare and Institutions Code.
(B) A licensed mental health professional, as defined in subdivision (g) of  Section 4096 of the Welfare and Institutions Code, if the child is privately placed or only county funded.
(2) The program is certified by the State Department of Health Care Services, pursuant to former  Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for children who are  seriously emotionally disturbed children. disturbed. 
(c) The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.

SEC. 4.

 Section 32132.96 of the Health and Safety Code is amended to read:

32132.96.
 (a) Except as provided in subdivision (b), (c), or (d), a district that is authorized and elects to use the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code for the construction of housing shall require that at least 20 percent of the residential units constructed be subject to a recorded affordability restriction for at least 55 years and be affordable to all of the following:
(1) Lower income households, as defined in Section 50079.5.
(2) Very low income households, as defined in Section 50105.
(3) Extremely low income households, as defined in Section 50106.
(4) Persons and families of low or moderate income, as defined in Section 50093.
(b) Subdivision (a) shall not apply if the city, county, or city and county in which the district is predominantly located has adopted a local ordinance that requires a greater percentage of the units be affordable to lower income households, very low income households, extremely low income households, and persons and families of low or moderate income.
(c) Subdivision (a) shall not apply to any district that is authorized and elects to use the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code for the construction of any health facilities or retirement facilities exclusively providing care or supportive services to the elderly, disabled adults,  adults who are elderly and with disabilities  or individuals with dementia, including, but not limited to, residential care facilities for the elderly.
(d) Subdivision (a) shall not apply to any district that is authorized and elects to use the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code for the construction of workforce housing that is otherwise required by local ordinance.

SEC. 5.

 The heading of Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4 of the Welfare and Institutions Code is amended to read:

Article  5. Programs for Children with an Emotional Disability and Court Wards and Dependents

SEC. 6.

 Section 4094.2 of the Welfare and Institutions Code is amended to read:

4094.2.
 (a) For the purpose of establishing payment rates for community treatment facility programs, the private nonprofit agencies selected to operate these programs shall prepare a budget that covers the total costs of providing residential care and supervision and mental health services for their proposed programs. These costs shall include categories that are allowable under California’s Foster Care program and existing programs for mental health services. They shall not include educational, nonmental health medical, and dental costs.
(b) Each agency operating a community treatment facility program shall negotiate a final budget with the local mental health department in the county in which its facility is located (the host county) and other local agencies, as appropriate. This budget agreement shall specify the types and level of care and services to be provided by the community treatment facility program and a payment rate that fully covers the costs included in the negotiated budget. All counties that place children in a community treatment facility program shall make payments using the budget agreement negotiated by the community treatment facility provider and the host county.
(c) A foster care rate shall be established for each community treatment facility program by the State Department of Social Services.
(1) (A)  These rates shall be established using the existing foster care ratesetting system for group homes, or the  rate for a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400, with modifications designed as necessary. It is anticipated that all community treatment facility programs will offer the level of care and services required to receive the highest foster care rate provided for under the current ratesetting system.
(B) Beginning July 1, 2027, or the date specified in paragraph (9) of subdivision (h) of Section 11461, in accordance with the schedules provided in paragraph (4) of subdivision (h) of Section 11461 and Sections 16562 and 16565, whichever is later, the rate paid on behalf of a child or nonminor dependent placed in a community treatment facility shall be equivalent to the Tiered Rate Structure described in paragraphs (1) to (3), inclusive, of subdivision (e) of Section 11462.
(2) Except as otherwise provided in paragraph (3), commencing January 1, 2017, the program shall have accreditation from a nationally recognized accrediting entity identified by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462.
(3) With respect to a program that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04, the requirement described in paragraph (2) shall apply to that program commencing January 1, 2020.
(4) With respect to a program that has been granted an extension pursuant to the exception process described in subdivision (e) of Section 11462.04, the requirement described in paragraph (2) shall apply to that program commencing January 1, 2021.
(3) (5)  Any community treatment facility shall be reclassified and paid at the appropriate program rate for which it is qualified if it fails to timely obtain or maintain accreditation as required by state law or fails to provide proof of that accreditation to the State Department of Social Services upon request.
(d) For the 2001–02 fiscal year, the 2002–03 fiscal year, the 2003–04 fiscal year, and the 2004–05 fiscal year, community treatment facility programs shall also be paid a community treatment facility supplemental rate of up to two thousand five hundred dollars ($2,500) per child per month on behalf of children eligible under the foster care program and children placed out of home pursuant to an individualized education program developed under former Section 7572.5 of the Government Code. Subject to the availability of funds, the supplemental rate shall be shared by the state and the counties. Counties shall be responsible for paying a county share of cost equal to 60 percent of the community treatment rate for children placed by counties in community treatment facilities and the state shall be responsible for 40 percent of the community treatment facility supplemental rate. The community treatment facility supplemental rate is intended to supplement, and not to supplant, the payments for which children placed in community treatment facilities are eligible to receive under the foster care program and the existing programs for mental health services.
(e) For initial ratesetting purposes for community treatment facility funding, the cost of mental health services shall be determined by deducting the foster care rate and the community treatment facility supplemental rate from the total allowable cost of the community treatment facility program. Payments to certified providers for mental health services shall be based on eligible services provided to children who are Medi-Cal beneficiaries, up to the approved federal rate for these services.
(f) The State Department of Health Care Services shall provide the community treatment facility supplemental rates to the counties for advanced payment to the community treatment facility providers in the same manner as the regular foster care payment and within the same required payment time limits.
(g) In order to facilitate the study of the costs of community treatment facilities, licensed community treatment facilities shall provide all documents regarding facility operations, treatment, and placements requested by the department.
(h) It is the intent of the Legislature that the State Department of Health Care Services and the State Department of Social Services work to maximize federal financial participation in funding for children placed in community treatment facilities through funds available pursuant to Titles IV-E and XIX of the federal Social Security Act (42 U.S.C. Sec. 670 et seq. and Sec. 1396 et seq.) and other appropriate federal programs.
(i) The State Department of Health Care Services and the State Department of Social Services may adopt emergency regulations necessary to implement joint protocols for the oversight of community treatment facilities, to modify existing licensing regulations governing reporting requirements and other procedural and administrative mandates to take into account the seriousness and frequency of behaviors that are likely to be exhibited by children who are  seriously emotionally disturbed children and  placed in community treatment facility programs, to modify the existing foster care ratesetting regulations, and to pay the community treatment facility supplemental rate. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall become effective immediately upon filing with the Secretary of State. The regulations shall not remain in effect more than 180 days unless the adopting agency complies with all the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code.
(j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific changes made to this section by the act that added this subdivision through and by means of all-county letters or similar written directives, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar written directives shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030.

SEC. 7.

 Section 4094.5 of the Welfare and Institutions Code is amended to read:

4094.5.
 Regulations for community treatment facilities adopted pursuant to Section 4094 shall include, but not be limited to, the following:
(a) Only children who are  seriously emotionally disturbed children,  disturbed,  as defined described  in Section 5699.2, either (1) for whom other less restrictive mental health interventions have been tried, as documented in the case plan, or (2) who are currently placed in an acute psychiatric hospital or state hospital or in a facility outside the state for mental health treatment, and who may require periods of containment to participate in, and benefit from, mental health treatment, shall be placed in a community treatment facility. For purposes of this subdivision, lesser restrictive interventions shall include, but are not limited to, outpatient therapy, family counseling, case management, family preservation efforts, special education classes, or nonpublic schooling.
(b) A facility shall have the capacity to provide secure containment. For purposes of this section, a facility or an area of a facility shall be defined as secure if residents are not permitted to leave the premises of their own volition. All or part of a facility, including its perimeter, but not a room alone, may be locked or secure. If a facility uses perimeter fencing, all beds within the perimeter shall be considered secure beds. All beds outside of a locked or secure wing or facility shall be considered nonsecure beds.
(c) A locked or secure program in a facility shall not be used for disciplinary purposes, but shall be used for the protection of the minor. It may be used as a treatment modality for a child needing that level of care. The use of the secure facility program shall be for as short a period as possible, consistent with the child’s case plan and safety. The department shall develop regulations governing the oversight, review, and duration of the use of secure beds.
(d) Fire clearance approval shall be obtained pursuant to Section 1531.2 of the Health and Safety Code.
(e) (1) Prior to admission, any child admitted to a community treatment facility shall have been certified as a child who is  seriously emotionally disturbed, as defined described  in Section 5699.2, by a licensed mental health professional.
(A) Except in the case of placement on an emergency basis, as described in subdivision (i) of Section 4096, any child who is a dependent or ward of the juvenile court, is the subject of a petition filed pursuant to Section 300, has been detained pursuant to Section 636, or is voluntarily placed and the placement is funded by the Aid to Families with Dependent Children-Foster Care program, shall, prior to admission, have been determined by a county interagency placement committee to require placement in the community treatment facility, as prescribed by subdivision (e) of Section 4096. A copy of the interagency placement committee determination shall be provided to the facility.
(B) Any child who is a dependent or ward of the juvenile court, is the subject of a petition filed pursuant to Section 300, has been detained pursuant to Section 636, or is voluntarily placed and the placement is funded by the Aid to Families with Dependent Children-Foster Care program, shall be assessed by a qualified individual, as defined in subdivision (l) of Section 16501, pursuant to subdivision (g) of Section 4096, as needing the level of care provided by a community treatment facility. The assessment by the qualified individual shall occur prior to the child’s admission to the facility, or, if delaying placement for the qualified individual’s assessment would be contrary to the child’s well-being, within 30 days after the child began physically residing in the facility. A copy of the completed assessment shall be provided to the facility.
(C) Federal financial participation under the Medi-Cal program shall only be available if all state and federal requirements are met and the treatment is medically necessary. Federal financial participation under the Medi-Cal program shall not be claimed for medical assistance expenditures relating to minors or nonminors detained in a juvenile justice facility, unless expressly permitted under the federal law, or approved under the CalAIM Terms and Conditions as defined in subdivision (c) of Section 14184.101 or the approved terms and conditions of a successor waiver or demonstration project.
(2) Any county cost associated with the certification and the determination provided for in paragraph (1) may be billed as a utilization review expense.

SEC. 8.

 Section 4094.7 of the Welfare and Institutions Code is amended to read:

4094.7.
 (a) A community treatment facility may have both secure and nonsecure beds. However, the State Department of Health Care Services shall limit the total number of beds in community treatment facilities to not more than 400 statewide. The State Department of Health Care Services shall certify community treatment facilities in such a manner as to ensure an adequate dispersal of these facilities within the state. The State Department of Health Care Services shall ensure that there is at least one facility in each of the State Department of Social Services’ five regional licensing offices.
(b) The State Department of Health Care Services shall notify the State Department of Social Services when a facility has been certified and has met the program standards pursuant to Section 4094. The State Department of Social Services shall license a community treatment facility for a specified number of secure beds and a specified number of nonsecure beds. The number of secure and nonsecure beds in a facility shall be modified only with the approval of both the State Department of Social Services and the State Department of Health Care Services.
(c) The State Department of Health Care Services shall develop, with the advice of the State Department of Social Services, county representatives, providers, and interested parties, the criteria to be used to determine which programs among applicant providers shall be licensed. The State Department of Health Care Services shall determine which agencies best meet the criteria, certify them in accordance with Section 4094, and refer them to the State Department of Social Services for licensure.
(d) Any community treatment facility proposing to serve foster children who are  seriously emotionally disturbed foster children  shall be incorporated as a nonprofit organization.

SEC. 9.

 Section 4801 of the Welfare and Institutions Code is amended to read:

4801.
 (a) Judicial review shall be in the superior court for the county in which the state hospital, developmental center, community care facility, or health facility is located, except that, if the adult has been found incompetent to stand trial and has been committed pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code, judicial review shall be in the superior court of the county that determined the question of the mental competence of the defendant. The adult requesting to be released shall be informed of his or her  their  right to counsel by a member of the staff of the state hospital, developmental center, community care facility, or health facility and by the court; and if he or she does  they do  not have an attorney for the proceedings, the court shall immediately appoint the public defender or other attorney to assist him or her  them  in the preparation of a petition for the writ of habeas corpus and to represent him or her  them  in the proceedings. The person shall pay the costs of those legal services if he or she is  they are  able.
(b) At the time the petition for the writ of habeas corpus is filed with the court, the clerk of the court shall transmit a copy of the petition, together with notification as to the time and place of an evidentiary hearing in the matter, to the parent or conservator of the person seeking release or for whom release is sought and to the director and clients’ rights advocate of the appropriate regional center. Notice shall also be provided to the director of the appropriate developmental center if the person seeking release or for whom release is sought resides in a developmental center. The notice shall be sent by registered or certified mail with proper postage prepaid, addressed to the addressee’s last known address, and with a return receipt requested. The clients’ rights advocate of the appropriate regional center may attend any hearing pursuant to this section to assist in protecting the person’s rights.
(c) The court shall either release the adult or order an evidentiary hearing to be held not sooner than five judicial days nor more than 10 judicial days after the petition and notice described in subdivision (b) are deposited in the United States mail pursuant to this section.
(1) If the person seeking release or for whom release is sought resides in a developmental center or institution for mental disease, the regional center director or designee shall submit to the court, the person’s attorney, and all parties required to be noticed pursuant to subdivision (b) a copy of the most recent completed assessment required by subdivision (c) of  Section 4418.25, subdivision (e) of  Section 4418.7, or paragraph (9) of subdivision (a) of  Section 4648. The regional center shall submit copies of these assessments within two working days of receiving the notice required pursuant to subdivision (b).
(2) Except as provided in paragraph (3), if the court finds (A) that the adult requesting release or for whom release is requested is not developmentally disabled, or (B) that he or she  the adult  is developmentally disabled and that he or she is  they are  able to provide safely for his or her  their  basic personal needs for food, shelter, and clothing, he or she  the adult  shall be released within 72 hours. If the court finds that he or she  the adult  is developmentally disabled and that he or she is  they are  unable to provide safely for his or her  their  basic personal needs for food, shelter, or clothing, but that a regional center or a willing responsible person or other public or private agency is able to provide for him or her,  them,  the court shall release the developmentally disabled adult  adult with developmental disabilities  to the responsible person, regional center, or other public or private agency, as the case may be, subject to any conditions that the court deems proper for the welfare of the developmentally disabled adult  adult with developmental disabilities  and that are consistent with the purposes of this division.
(3) If the person is charged with a violent felony and has been committed to his or her  their  current placement pursuant to Section 1370.1 of the Penal Code or Section 6500, and the court finds (A) that the adult requesting release or for whom release is requested is not a person with a developmental or intellectual disability, or (B) that he or she  the adult  is able to provide safely for his or her  their  basic personal needs for food, shelter, and clothing, the court shall, before releasing the person, determine that the release will not pose a danger to the health or safety of others due to the person’s known behavior. If the court finds there is no danger pursuant to the finding required by subparagraph (D) (G)  of paragraph (1) of subdivision (a) of Section 1370.1 of the Penal Code, the person shall be released within 72 hours. If the person’s release poses a danger to the health or safety of others, the court may grant or deny the request, taking into account the danger to the health or safety of others posed by the person. If the court finds that release of the person can be made subject to conditions that the court deems proper for the preservation of public health and safety and the welfare of the person, the person shall be released subject to those conditions.
(d) If in a proceeding under this section, the court finds that the adult is developmentally disabled and has no parent or conservator, and is in need of a conservator, the court shall order the appropriate regional center or the state department to initiate, or cause to be initiated, proceedings for the appointment of a conservator for the developmentally disabled adult. adult with a developmental disabilities. 
(e) This section shall become operative January 1, 1988.

SEC. 10.

 Section 5585.10 of the Welfare and Institutions Code is amended to read:

5585.10.
 This part shall be construed to promote the legislative intent and purposes of this part as follows:
(a) To provide prompt evaluation and treatment of minors with mental health disorders, with particular priority given to seriously emotionally disturbed children and adolescents. children and adolescents who are seriously emotionally disturbed. 
(b) To safeguard the rights to due process for minors and their families through judicial review.
(c) To provide individualized treatment, supervision, and placement services for gravely disabled minors.
(d) To prevent severe and long-term mental disabilities among minors through early identification, effective family service interventions, and public education.

SEC. 11.

 Section 5600.3 of the Welfare and Institutions Code is amended to read:

5600.3.
 To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:
(a) (1) Seriously emotionally disturbed children or adolescents. Children and adolescents who are seriously emotionally disturbed. 
(2) For the purposes of this part, “seriously emotionally disturbed children or adolescents”  “children and adolescents who are seriously emotionally disturbed”  means minors under the age of 18 years who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the child’s age according to expected developmental norms. Members of this target population shall meet one or more of the following criteria:
(A) As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur:
(i) The child is at risk of removal from home or has already been removed from the home.
(ii) The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment.
(B) The child displays one of the following: psychotic features, risk of suicide or risk of violence due to a mental disorder.
(C) The child has been assessed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code and determined to have an emotional disturbance, as defined in paragraph (4) of subdivision (c) of Section 300.8 of Title 34 of the Code of Federal Regulations.
(b) (1) Adults and older adults who have a serious mental disorder.
(2) For the purposes of this part, “serious mental disorder” means a mental disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which that  interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.
(3) Members of this target population shall meet all of the following criteria:
(A) The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2).
(B) (i) As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms.
(ii) For the purposes of this part, “functional impairment” means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition.
(C) As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements.
(4) For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, persons who are any of the following:
(A) Homeless persons who are mentally ill.
(B) Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs.
(C) Persons arrested or convicted of crimes.
(D) Persons who require acute treatment as a result of a first episode of mental illness with psychotic features.
(5) California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services, but the eligible veteran shall not be denied county mental or behavioral health services while waiting for a determination of eligibility for, and availability of, mental or behavioral health services provided by the United States Department of Veterans Affairs.
(A) An eligible veteran shall not be denied county mental health services based solely on his or her  their  status as a veteran, including whether or not the person is eligible for services provided by the United States Department of Veterans Affairs.
(B) Counties shall refer a veteran to the county veterans service officer, if any, to determine the veteran’s eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider.
(C) Counties should consider contracting with community-based veterans’ services agencies, where possible, to provide high-quality, veteran specific mental health services.
(c) Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence.
(d) Persons who need brief treatment as a result of a natural disaster or severe local emergency.

SEC. 12.

 The heading of Article 5 (commencing with Section 5694.7) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:

Article  5. Policy Initiatives for Children who are Seriously Emotionally Disturbed

SEC. 13.

 The heading of Article 6 (commencing with Section 5695) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:

Article  6. Regional Facilities for Wards who are Seriously Emotionally Disturbed

SEC. 14.

 Section 5695 of the Welfare and Institutions Code is amended to read:

5695.
 The Legislature finds and declares all of  the following:
(a) The Legislature has declared its intent to provide, at the local level, a range of appropriate mental health services for minors who are  seriously emotionally disturbed minors.  disturbed.  These programs include both outpatient and nonsecure residential care and treatment.
(b) The Legislature recognizes that, while some minors will benefit from this care and treatment, there exists a population within that group who have been adjudged wards of the juvenile court pursuant to Section 602 who are seriously emotionally disturbed, and by lack of behavior control and offense history, are not benefiting from existing programs, including the 24-hour facilities currently being operated under juvenile court law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2).
(c) The Legislature finds that there are no treatment facilities specifically designed and operated to provide both intensive mental health treatment and behavior control to this population of wards in a secure setting. These wards are frequent failures in open residential care and when confined to traditional juvenile justice system facilities, disrupt programming, endanger themselves and others, and require intensive supervision including occasional isolation and provision of a one-to-one supervision ratio. The behavior and needs of this population affect the ability of the existing facilities to meet the program needs of the remainder of the population which that  is more appropriately detained or committed there.
(d) Psychiatric hospitals frequently refuse to accept these wards because of their offense history or their extremely disruptive behavior, because they do not always meet medical necessity for acute admission, or because the lengths of stay in inpatient programs are too limited in duration. Because of these problems, minors who are  seriously emotionally disturbed minors and  adjudged to be wards pursuant to Section 602 do not receive the level of mental health care necessary to interrupt the cycle of emotional disturbance leading to assaultive or self-destructive behavior.
(e) The Legislature therefore declares its intent to establish regional facilities which that  will provide an additional dispositional resource to the juvenile justice system, and which that  will demonstrate the feasibility and effectiveness of providing the services described in this chapter to minors who are  seriously emotionally disturbed minors and  who have been adjudged wards of the juvenile court pursuant to Section 602 and whose physical and mental treatment needs require a secure facility and program. It is also the intent of the Legislature to secure for the minors committed to such a facility, the protection, custody, care, treatment, and guidance that is consistent with the purpose of the juvenile court law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2).

SEC. 15.

 Section 5695.2 of the Welfare and Institutions Code is amended to read:

5695.2.
 There may be established, on a regional basis, secure facilities which that  are physically and programmatically designed for the commitment and ongoing treatment of minors who are  seriously emotionally disturbed minors and  who have been adjudged wards of the juvenile court pursuant to Section 602. No A  minor shall not  be committed to the facility for more than 18 months from the date of admission.

SEC. 16.

 The heading of Article 7 (commencing with Section 5698) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:

Article  7. System of Care for Children and Youth who are Seriously Emotionally Disturbed

SEC. 17.

 Section 5698 of the Welfare and Institutions Code is amended to read:

5698.
 It is the intent of the Legislature to encourage in each county a system of care for seriously emotionally disturbed children and youth.  children and youth who are seriously emotionally disturbed.  This system of care should be based upon the following principles:
(a) A defined range of interagency services, blended programs and program standards that facilitate appropriate service delivery in the least restrictive environment as close to home as possible. The system should use available and accessible intensive home and school-based alternatives.
(b) A defined mechanism to ensure that services are child centered and family focused with parental participation in all aspects of the planning and delivery of service.
(c) A formalized multiagency policy making council and an interagency case management services council. The roles and responsibilities of these councils should be specified in existing interagency agreements or memoranda of understanding, or both.
(d) A defined interagency case management system designed to facilitate services to the defined target population.
(e) A defined mechanism to ensure that services are culturally competent.

SEC. 18.

 Section 5731 of the Welfare and Institutions Code is amended to read:

5731.
 The Legislature finds and declares that the mental health system is a large and important segment of California’s system of health care. The Legislature further finds and declares all of the following:
(a) Public Law 99-660 requires that the former  State Department of Mental Health develop a state plan for the Short-Doyle mental health system which that  includes all of the following:
(1) Plans developed in response to federal planning requirements shall be submitted to the Legislature.
(2) Evidence of broad participation from concerned citizens and mental health consumers.
(3) An analysis of the needs of adults who are  seriously and persistently mentally ill adults, severely emotionally disturbed children and homeless  ill, children who are seriously emotionally disturbed, and individuals who are homeless and  mentally ill in California.
(4) Improvements in the mental health delivery system are needed for seriously mentally ill adults, severely emotionally disabled children, and homeless  adults who are seriously mentally ill, children who are seriously emotionally disturbed, and individuals who are homeless and  mentally ill.
(5) Given the existing mental health funding base, priorities need to be established for the Short-Doyle community mental health system.
(6) There is no minimum range of treatment services which that  should be available in every county in California.
(7) Most funding formulas for state mental health programs are not client based.
(8) The state has a special responsibility for the care and treatment of seriously and persistently mentally ill adults, seriously emotionally disturbed minors, and homeless mentally ill who are the most vulnerable and who require consistent supportive services to meet their health and safety needs in the community.
(9) Legislative action is required to ensure that a comprehensive policy is developed which that  addresses the critical problems and key issues currently facing the mental health system in California.

SEC. 19.

 Section 5852.5 of the Welfare and Institutions Code is amended to read:

5852.5.
 The State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission shall review those counties that have been awarded funds to implement a comprehensive system for the delivery of mental health services to children with serious emotional disturbance  who are seriously emotionally disturbed  and to their families or foster families to determine compliance with either of the following:
(a) The total estimated cost avoidance in all of the following categories shall equal or exceed the applications for funding award moneys:
(1) Group home costs paid by Aid to Families with Dependent Children-Foster Care (AFDC-FC) program.
(2) Children and adolescent state hospital and acute inpatient programs.
(3) Nonpublic school residential placement costs.
(4) Juvenile justice reincarcerations.
(5) Other short- and long-term savings in public funds resulting from the applications for funding award moneys.
(b) If the department determines that the total cost avoidance listed in subdivision (a) does not equal or exceed applications for funding award amounts, the department shall determine that the county that has been awarded funding shall achieve substantial compliance with all of the following goals:
(1) Total cost avoidance in the categories listed in subdivision (a) to exceed 50 percent of the applications for funding award moneys.
(2) A 20-percent reduction in out-of-county ordered placements of juvenile justice wards and social service dependents.
(3) A statistically significant reduction in the rate of recidivism by juvenile offenders.
(4) A 25-percent reduction in the rate of state hospitalization of minors from placements of special education pupils.
(5) A 10-percent reduction in out-of-county nonpublic school residential placements of special education pupils.
(6) Allow at least 50 percent of children at risk of imminent placement served by the intensive in-home crisis treatment programs, which are wholly or partially funded by applications for funding award moneys, to remain at home at least six months.
(7) Statistically significant improvement in school attendance and academic performance of seriously emotionally disturbed  special education pupils who are seriously emotionally disturbed  treated in day treatment programs which that  are wholly or partially funded by applications for funding award moneys.
(8) Statistically significant increases in services provided in nonclinic settings among agencies.
(9) Increase in ethnic minority and gender access to services proportionate to the percentage of these groups in the county’s school-age population.

SEC. 20.

 Section 5855 of the Welfare and Institutions Code is amended to read:

5855.
 The State Department of Health Care Services shall adopt as part of its overall mission the development of community-based, comprehensive, interagency systems of care that target children who are  seriously emotionally and behaviorally  disturbed children and  separated from their families or at risk of separation from their families, as defined in Section 5856. These comprehensive, interagency systems of care shall seek to provide the highest benefit to children, their families, and the community at the lowest cost to the public sector. Essential values shall be as follows:
(a) Family preservation. Children shall be maintained in their homes with their families whenever possible.
(b) Least restrictive setting. Children shall be placed in the least restrictive and least costly setting appropriate to their needs when out-of-home placement is necessary.
(c) Natural setting. Children benefit most from mental health services in their natural environments, where they live and learn, such as home, school, foster home, or a juvenile detention center.
(d) Interagency collaboration and a coordinated service delivery system. The primary child-serving agencies, such as social services, probation, education, health, and mental health agencies, shall collaborate at the policy, management, and service levels to provide a coordinated, goal-directed system of care for seriously emotionally disturbed children and their families.
(e) Family involvement. Family participation is an integral part of assessment, intervention, and evaluation.
(f) Cultural competence. Service effectiveness is dependent upon both culturally relevant and competent service delivery.

SEC. 21.

 Section 5856 of the Welfare and Institutions Code is amended to read:

5856.
 For the purposes of this part, “seriously emotionally disturbed children”  “children who are seriously emotionally disturbed”  means those minors under 18 years of age described in paragraph (2) of subdivision (a) of Section 5600.3.

SEC. 22.

 Section 5860 of the Welfare and Institutions Code is amended to read:

5860.
 (a) Final selection of county proposals shall be subject to the amount of funding approved for expansion of services under this part.
(b) Counties shall use funds distributed under this part only in support of a mental health system serving children who are  seriously emotionally disturbed children  in accordance with the principles and program requirements associated with the system of care model described in this part. The State Department of Mental  Health Care Services  shall audit and monitor the use of these funds to ensure that the funds are used solely in support of the children’s system of care program and in accordance with the performance contract described in subdivision (c). If county programs receiving children’s system of care funding do not comply with program and audit requirements determined by the department, funds shall be redistributed to other counties to implement, expand, or model children’s system of care programs.
(c) The department shall enter into annual performance contracts with the selected counties and enter into training and consultation contracts as necessary to fulfill its obligations under this part. These annual performance contracts shall be in addition to the county mental health services performance contracts submitted to the department under Section 5650. Any changes in the staffing patterns or protocols, or both, approved in the original program proposal shall be identified and justified in these annual performance contracts. Annual performance contracts filed by counties operating the program as of January 1, 2001, shall, if approved by the department, serve as the baseline contract for purposes of this subdivision. The contracts shall be exempt from the requirements of the Public Contract Code and the State Administrative Manual and shall be exempt from approval by the Department of General Services.

SEC. 23.

 Section 7501 of the Welfare and Institutions Code is amended to read:

7501.
 (a) The Department of General Services, in cooperation with the State Department of Developmental Services and the State Department of State Hospitals, may sell or lease property within the boundaries of Camarillo State Hospital described in subdivision (b) to Ventura County County,  which shall sublet the property to a nonprofit organization for the purpose of constructing and operating a children’s crisis care center to provide an alternative to emergency shelter home placement. The facility shall provide for an interagency program for the delivery of medical, educational, and mental health screening, crisis intervention, short-term mental health treatment, and case management services for children who are removed from their families due to abuse, neglect, abandonment, sexual molestation, or who are in acute mental health crisis requiring short-term nonhospital care and supervision described in subdivision (c).
(b) (1) The property is a 22.8 acre portion of Rancho Guadalasca, in the County of Ventura, State of California, as described in the Letters of Patent dated September 1, 1873, recorded in Book 1, Page 153 of Patents, in the office of the County Recorder of the county and described as follows:
Beginning at the northwesterly terminus of the Fourth Course of that parcel described in the deed recorded on June 9, 1932, in Book 358, Page 371 of Official Records, in said Recorder’s Office; thence, along said Fourth Course,
1st —
South 47°23'33″ East 1150.00 feet to the northeasterly terminus of the 38th Course of Parcel 1 described in the deed recorded on April 17, 1973, in Book 4101, Page 237 of said Official Records; thence, along said 38th Course,
2nd —
South 42°37'00″ West 1026.00 feet; thence, parallel with the First Course herein,
3rd —
North 47°23'33″ West 800.00 feet; thence, parallel with the Second Course herein,
4th —
North 42°37'00″ East 666.00 feet; thence, parallel with the First Course herein,
5th —
North 47°23'33″ West 350.00 feet to the intersection with the Third Course of said parcel described in the deed recorded in Book 358, Page 371 of said Official Records; thence, along said Third Course,
6th —
North 42°37'00″ East 360.00 feet to the point of beginning.
(2) Notwithstanding any other provision of this section, if the parcel described in this subdivision is purchased or leased from the state, 50 percent of the proceeds shall accrue to the State Department of State Hospitals and 50 percent to the State  Department of Developmental Services.
(3) The Department of General Services may enter into a sale or lease at less than fair market value. The department is authorized to lease the parcel for not less than 40, but not more than 99 years.
(c) Any of the following children are eligible for placement in the children’s crisis care center:
(1) Any child who has been placed in protective custody and legally detained under Section 300 as a victim of abuse, neglect, or abandonment. The child shall be one day through 17 years of age. An infant born suffering from the result of perinatal substance abuse, or an infant who requires shelter care because of physical abuse resulting in a cast on the arm or leg shall also be eligible.
(2) Any dependent minor of the juvenile court whose placement has been disrupted, and who is in need of temporary placement, as well as crisis intervention and assessment services.
(3) Any voluntarily placed child who is  emotionally disturbed child  child, and  in crisis crisis,  as determined appropriate by the mental health case manager. The purpose of this placement is to deescalate the crisis, provide assessment and diagnostic services for a recommendation of appropriate treatment and ongoing placement, and to reduce the utilization of private or state psychiatric hospitalization.
(4) Any eligible child who is a resident of any county in California, subject to the availability of space.

SEC. 24.

 Section 9544 of the Welfare and Institutions Code is amended to read:

9544.
 (a) The Legislature finds and declares that the purpose of the Foster Grandparent Program shall be to provide personally meaningful volunteer community service opportunities to low-income older individuals through mentoring children with exceptional physical, developmental, or behavioral needs, in accordance with the federal National and Community Service Trust Act of 1993 (42 U.S.C. Sec. 12651 et seq.).
(b) For purposes of this section, “foster grandparent volunteer” means an individual who is 60 years of age or older, has an insufficient income, as determined in accordance with Part 1208 of Title 45 of the Code of Federal Regulations, and provides at least four hours a day, five days a week of foster grandparent services under this chapter.
(c) Direct service contractors shall meet all of the following requirements:
(1) Be a city, county, city and county, or department of the state, or any suitable private, nonprofit organization, that demonstrates the ability to provide the specified services in a variety of settings, including, but not limited to, hospital pediatric wards, facilities for the physically, emotionally, or mentally impaired, correctional facilities, schools, day care centers, and residences.
(2) Recruit, select, train, and assign staff and volunteers.
(3) Provide volunteer participants with the same benefits, transportation, stipends, and income exemptions as provided to the foster grandparent volunteers funded through the Corporation for National Service.
(4) Provide or arrange for meals, transportation, and supervision for volunteers.
(5) Provide benefits and meaningful volunteer service opportunities to low-income individuals 60 years of age and older.
(6) Serve children under 21 years of age who have special needs or who are deprived of normal relationships with adults.
(7) Provide services to persons, including, but not limited to, any of the following:
(A) Premature and failure-to-thrive babies, or abused, neglected, battered, or chronically ill children in hospitals.
(B) Autistic children, children with cerebral palsy or developmentally disabled children  Children with autism, cerebral palsy, or developmental disabilities,  placed in institutions for the developmentally disabled.
(C) Physically impaired children, mentally disabled children, emotionally disturbed children,  children who are emotionally disturbed,  developmentally disabled children, or children who are socially and culturally deprived in school settings or child care  childcare  centers, dependent children, neglected children, mentally disabled children, emotionally disturbed or  children who are emotionally disturbed,  physically impaired children, battered or abused children in residential settings.
(D) Delinquent children or adolescents in correctional institutions.
(E) A child under 19 years of age, when the child has been charged with committing, or adjudged to have committed, an offense which that  is the equivalent to, a misdemeanor.
(8) Maintaining a systematic means of capturing and reporting all required community-based services program data.
(d) In addition to the opportunity to help children who have exceptional physical, developmental, or behavioral needs and are deprived of normal relationships with adults, foster grandparent volunteers shall receive all of the following:
(1) Expenses for transportation to and from their homes and the place where they render their services or may have transportation in buses or in other transportation made available to them.
(2) One free meal during each day in which the foster grandparent renders services.
(3) Accident insurance, an annual physical examination, and a nontaxable hourly stipend.
(e) This section shall be implemented only to the extent that funds are appropriated for its purposes in the annual Budget Act or in another statute.

SEC. 25.

 Section 10213.5 of the Welfare and Institutions Code is amended to read:

10213.5.
 As used in this part:
(a) “Alternative payments” includes payments that are made by one childcare agency to another agency or childcare provider for the provision of childcare and development services, and payments that are made by an agency to a parent for the parent’s purchase of childcare and development services.
(b) “Alternative payment program” means a local government agency or nonprofit organization that has contracted with the department pursuant to Section 10225.5, or a migrant alternative payment program pursuant to Chapter 6 (commencing with Section 10235), to provide alternative payments and to provide support services to parents and providers.
(c) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter.
(d) “Assigned reimbursement rate” is that rate established by the contract with the agency and is derived by dividing the total dollar amount of the contract by the minimum child day of average daily enrollment level of service required.
(e) “Attendance” means the number of children present at a childcare and development facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child.
(f) “Capital outlay” means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable childcare and development and preschool facilities for lease to qualifying contracting agencies.
(g) “Caregiver” means a person who provides direct care, supervision, and guidance to children in a childcare and development facility.
(h) “Childcare and development facility” means a residence or building or part thereof in which childcare and development services are provided.
(i) “Childcare and development programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family childcare homes. These programs include, but are not limited to, all of the following:
(1) General childcare and development.
(2) Migrant childcare and development.
(3) Childcare provided by the California School Age Families Education Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29 of Division 4 of Title 2).
(4) Resource and referral.
(5) Childcare and development services for children with exceptional needs.
(6) Family childcare home education network.
(7) Alternative payment.
(8) Schoolage community childcare.
(j) “Childcare and development services” means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. These services may include direct care and supervision, instructional activities, resource and referral programs, and alternative payment arrangements.
(k) “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter.
(l) “Children with exceptional needs” means either of the following:
(1) Infants and toddlers under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans, shall be receiving early intervention services, and shall be children who require the special attention of adults in a childcare setting.
(2) Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code, and who meet eligibility criteria described in Section 56026 of the Education Code and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program, shall be receiving early intervention services or appropriate special education and related services, and shall be children who require the special attention of adults in a childcare setting. These children include children with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (also referred to as emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, who need special education and related services consistent with Section 1401(3)(A) of Title 20 of the United States Code.
(m) “Closedown costs” means reimbursements for all approved activities associated with the closing of operations at the end of each growing season for migrant child development programs only.
(n) “Cost” includes, but is not limited to, expenditures that are related to the operation of childcare and development programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business.
(o) “Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning.
(p) “Family childcare home education network” means an entity organized under law that contracts with the department pursuant to Section 10250 to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for state-subsidized childcare and development services. A family childcare home education network may also be referred to as a family childcare home system.
(q) “Health services” include, but are not limited to, all of the following:
(1) Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care.
(2) Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources.
(3) Health education and training for children, parents, staff, and providers.
(4) Followup treatment through referral to appropriate health care agencies or individual health care professionals.
(r) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education.
(s) “Intergenerational staff” means persons of various generations.
(t) “Dual language learner” means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English.
(u) “Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child.
(v) “Program director” means a person who, pursuant to Sections 10242 and 10380.5, is qualified to serve as a program director.
(w) “Proprietary childcare agency” means an organization or facility providing childcare, which is operated for profit.
(x) “Resource and referral programs” means programs that provide information to parents, including referrals and coordination of community resources for parents and public or private providers of care. Services frequently include, but are not limited to: technical assistance for providers, toy-lending libraries, equipment-lending libraries, toy- and equipment-lending libraries, staff development programs, health and nutrition education, and referrals to social services.
(y) “Severely disabled children”  “Children with severe disabilities”  are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe intellectual disabilities. “Severely disabled children”  “Children with severe disabilities”  also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 7 (commencing with Section 56800) of Part 30 of Division 4 of Title 2 of the Education Code as it read on January 1, 1980.
(z) “Short-term respite childcare” means childcare service to assist families whose children have been identified through written referral from a legal, medical, or social service agency, or emergency shelter as being neglected, abused, exploited, or homeless, or at risk of being neglected, abused, exploited, or homeless. Childcare is provided for less than 24 hours per day in childcare centers, treatment centers for abusive parents, family childcare homes, or in the child’s own home.
(aa) “Site supervisor” means a person who, regardless of their title, has operational program responsibility for a childcare and development program at a single site. A site supervisor shall hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a childcare and development program operating in a single site. The department may waive the requirements of this subdivision if the department determines that the existence of compelling need is appropriately documented.
(ab) “Standard reimbursement rate” means that rate established by the department pursuant to Section 10280.
(ac) “Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children.
(ad) “California state preschool program” means part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year-old children.
(ae) “Support services” means those services that, when combined with childcare and development services, help promote the healthy physical, mental, social, and emotional growth of children. Support services include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling.
(af) “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children.
(ag) “Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized childcare and development program services to the need for these services is low, as determined by the department.
(ah) “Workday” means the time that the parent requires temporary care for a child for any of the following reasons:
(1) To undertake training in preparation for a job.
(2) To undertake or retain a job.
(3) To undertake other activities that are essential to maintaining or improving the social and economic function of the family, are beneficial to the community, or are required because of health problems in the family.
(ai) “Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(aj) “Local educational agency” means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district.
(ak) “Alternative methodology” means a cost-based ratesetting method, including a cost estimation model, on which to base payment rates pursuant to the requirements set forth in Section 98.45 of Title 45 of the Code of Federal Regulations.
(al) (1) Effective no later than March 1, 2024, “part-time care” means care certified for a child for fewer than 25 hours per week.
(2) Effective no later than March 1, 2024, “full-time care” means care certified for a child for 25 or more hours per week.
(3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision by all-county letters, bulletins, or similar written instructions until regulations are adopted.
(4) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2026.
(5) If the provisions of this subdivision are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

SEC. 26.

 Section 10260 of the Welfare and Institutions Code is amended to read:

10260.
 (a) The department shall ensure that eligible children with exceptional needs are given equal access to all child care  childcare  and development programs. Available federal and state funds for children with exceptional needs above the standard reimbursement amount shall be used to assist agencies in developing and supporting appropriate programs for these children.
(b) To provide children with exceptional needs with additional access to child care  childcare  and development programs, the department shall establish alternate appropriate placements, such as self-contained programs and innovative programs using the least restrictive environment. These programs shall be started as expansion funds become available and shall be expanded throughout the implementation of the plan. The department shall utilize existing program models and input from program specialists to develop new program criteria and guidelines for programs serving children with exceptional needs. These programs may serve children with exceptional needs up to 21 years of age.
(c) Any child with exceptional needs served in child care  childcare  and development programs shall be afforded all rights and protections guaranteed in state and federal laws and regulations for individuals with exceptional needs.
(d) Notwithstanding any other provision of this chapter, the department may develop unique reimbursement rates for, and make reimbursements to, child care  childcare  and development programs that received state funding for the 1980–81 fiscal year and serve severely disabled children,  children with severe disabilities,  as defined in subdivision (y) of Section 10213.5, when all of the following conditions exist:
(1) Eligibility for enrollment of a severely disabled child children with severe disabilities  in the program is the sole basis of the child’s need for service.
(2) Services are provided to severely disabled children  children with severe disabilities  from birth to 21 years of age.
(3) No fees are charged to the parents of the severely disabled children  children with severe disabilities  receiving the services.
(e) The department shall include child care  childcare  and development providers in all personnel development for persons providing services for children with exceptional needs.

SEC. 27.

 Section 10281.5 of the Welfare and Institutions Code is amended to read:

10281.5.
 (a) In order to reflect the additional expense of serving children who meet any of the criteria outlined in subdivision (c), the provider agency’s reported child days of enrollment for these children shall be multiplied by the adjustment factors listed below.
(b) The adjustment factors described in subdivision (c) shall apply to those programs for which assigned reimbursement rates are at or below the standard reimbursement rate. In addition, the adjustment factors shall apply to those programs for which assigned reimbursement rates are above the standard reimbursement rate, but the reimbursement rate, as adjusted, shall not exceed the adjusted standard reimbursement rate.
(c) Notwithstanding any other law, commencing January 1, 2019, the adjustment factors shall be as follows:
(1) Prior to January 1, 2022, for infants who are 0 to 18 months of age, inclusive, and are served in a child care  childcare  center or a family child care  childcare  home, the adjustment factor shall be 2.44.
(2) Prior to January 1, 2022, for toddlers who are 18 to 36 months of age, inclusive, and are served in a child care  childcare  center or a family child care  childcare  home, the adjustment factor shall be 1.8.
(3) For children with exceptional needs who are 0 to 21 years of age, inclusive, the adjustment factor shall be 1.54.
(4) For severely disabled children  children with severe disabilities  who are 0 to 21 years of age, inclusive, the adjustment factor shall be 1.93.
(5) Prior to January 1, 2022, for children at risk of neglect, abuse, or exploitation who are 0 to 14 years of age the adjustment factor shall be 1.1.
(6) Prior to January 1, 2022, for dual language learner children who are two years of age through kindergarten age, inclusive, the adjustment factor shall be 1.1.
(7) For infants and toddlers who are 0 to 36 months of age, inclusive, and are served in general child care  childcare  and development programs, or children who are 0 to 5 years of age, inclusive, and are served in a family child care  childcare  home education network setting funded by a general child care  childcare  and development program, where early childhood mental health consultation services are provided, pursuant to Section 10281, the adjustment factor shall be 1.1.
(d) Use of the adjustment factors shall not increase the provider agency’s total annual allocation.
(e) (1) Days of enrollment for children who meet more than one of the criteria outlined in paragraphs (1) to (6), inclusive, of subdivision (c) shall not be reported under more than one of the categories specified in those paragraphs.
(2) Notwithstanding paragraph (1), for children for whom an adjustment factor is applied pursuant to any of paragraphs (1) to (6), inclusive, of subdivision (c), and who are additionally eligible for the adjustment factor established in paragraph (7) of subdivision (c), reported child days of enrollment shall be multiplied by the sum of the applicable adjustment factor under paragraphs (1) to (6), inclusive, of subdivision (c) and 0.05.
(f) The difference between the reimbursement resulting from the use of the adjustment factors outlined in subdivision (c) and the reimbursement that would otherwise be received by a provider in the absence of the adjustment factors shall be used for special and appropriate services for each child for whom an adjustment factor is claimed.

SEC. 28.

 Section 10381.5 of the Welfare and Institutions Code is amended to read:

10381.5.
 Notwithstanding Sections 10380 and 10380.5, any person serving as a teacher or program director in a child care  childcare  and development program that provides service to severely disabled children,  children with severe disabilities,  as defined in Section 10213.5, pursuant to subdivision (d) of Section 10260, shall hold an appropriate child care  childcare  and development permit, be deemed to hold that permit pursuant to subdivision (b) of Section 10380 or pursuant to Section 10380.5, or meet one or more of the following options:
(a) Is a teacher meeting one of the following criteria:
(1) Has completed all the following:
(A) Twenty-four semester units of coursework, with a “C” or better average, from an accredited institution in any one or a combination of the following areas: psychology, sociology, special education, physical education, recreation therapy, vocational education, early childhood education, and child development.
(B) Sixteen semester units of coursework in general education, including one course in each of the following areas: humanities, social sciences, math or science, or both, and English.
(C) Completed one of the following:
(i) Two experience periods as a paid aide or assistant in a program serving children with exceptional needs or children who are severely disabled. with severe disabilities. 
(ii) Three experience periods as a volunteer in an instructional capacity in a program serving children with exceptional needs or children who are severely disabled. with severe disabilities. 
(iii) (I) Two or more semester units of supervised field coursework in a child care  childcare  and development program at an accredited institution, plus one experience period in a program serving children with exceptional needs or children who are severely disabled.
(II) For purposes of this subparagraph, “experience period” means paid or volunteer services in a program serving children with exceptional needs or children who are severely disabled for not less than 200 hours. Those services shall have been provided for a minimum of two hours per day during not more than 36 consecutive months.
(2) Holds a California special education credential.
(b) Is a program director meeting one of the following criteria:
(1) Holds a California special education credential.
(2) Holds a professional credential, license, or masters degree in psychology, social work, special education, physical education, recreation therapy, vocational education, counseling, early childhood education, or child development, and has completed six semester units of administration and supervision of early childhood education or child development programs, or both.
(c) Was employed prior to January 1, 1993, as a teacher or program director in a child care  childcare  and development program that provides services to severely disabled children.

SEC. 29.

 Section 12301.8 of the Welfare and Institutions Code is amended to read:

12301.8.
 (a) (1) A public authority or nonprofit consortium established pursuant to Section 12301.6, upon the request of an adult who is  aged or disabled adult has disabilities  or that individual’s authorized representative, may assist an employer, as defined in paragraph (2), in obtaining a criminal background check conducted by the Department of Justice, as authorized pursuant to Section 15660, of a provider, as described in paragraph (3).
(2) For purposes of this section, an “employer” means an adult who is  aged or disabled adult, has disabilities,  or that individual’s authorized representative, who is ineligible for benefits under this chapter and who receives care by a provider as described in paragraph (3).
(3) For purposes of this section, a “provider” means a person who is unlicensed and provides nonmedical domestic or personal care to an adult who is  aged or disabled adult  has disabilities and  who is ineligible to receive benefits under this chapter, in the adult’s own home.
(b) A public authority or nonprofit consortium may recover the costs of administering this section, including the cost to the Department of Justice for processing the criminal background check, from the individual making the request, as described in subdivision (a).
(c) No General Fund moneys shall be used to implement this section.

SEC. 30.

 Section 15660 of the Welfare and Institutions Code is amended to read:

15660.
 (a) The Department of Justice shall secure any criminal record of a person to determine whether the person has ever been convicted of a violation or attempted violation of Section 243.4 of the Penal Code, a sex offense against a minor, or of any felony that requires registration pursuant to Section 290 of the Penal Code, or whether the person has been convicted or incarcerated within the last 10 years as the result of committing a violation or attempted violation of Section 273a or 273d, or subdivision (a) or (b) of Section 368, of the Penal Code, or as the result of committing a theft, robbery, burglary, or any felony, and shall provide a subsequent arrest notification pursuant to Section 11105.2 of the Penal Code, if both of the following conditions are met:
(1) An employer of the person requests the determination and submits fingerprints of the person to the Department of Justice. For purposes of this paragraph, “employer” includes, but is not limited to, an in-home supportive services recipient, as defined described  by Section 12302.2, an adult who is  aged or disabled adult  has disabilities and  who is ineligible for benefits under Chapter 3 (commencing with Section 12000), who receives care by a person as described in paragraph (2), any recipient of personal care services under the Medi-Cal program pursuant to Sections 14132.95 to 14132.97, inclusive, and any public authority or nonprofit consortium, as described in subdivision (a) of Section 12301.6.
(2) The person is unlicensed and provides nonmedical domestic or personal care to an adult who is  aged or disabled adult has disabilities  in the adult’s own home.
(b) (1) If it is found that the person has ever been convicted of a violation or attempted violation of Section 243.4 of the Penal Code, a sex offense against a minor, or of any felony which that  requires registration pursuant to Section 290 of the Penal Code, or that the person has been convicted or incarcerated within the last 10 years as the result of committing a violation or attempted violation of Section 273a or 273d, or subdivision (a) or (b) of Section 368, of the Penal Code, or as the result of committing a theft, robbery, burglary, or any felony, the Department of Justice shall notify the employer of that fact. If no criminal record information has been recorded, the Department of Justice shall provide the employer with a statement of that fact.
(2) Any employer may deny employment to any person who is the subject of a report under paragraph (1) when the report indicates that the person has committed any of the crimes identified in paragraph (1).
(3) Nothing in this section shall be construed to require any employer to hire any person who is the subject of a report under paragraph (1) when the report indicates that the person has not committed any of the crimes indicated in paragraph (1).
(c) (1) Fingerprints shall be on a card provided by the Department of Justice for the purpose of obtaining a set of fingerprints. The employer shall submit the fingerprints to the Department of Justice. Within 30 calendar days of the receipt of the fingerprints, the Department of Justice shall notify the employer of the criminal record information, as provided in this subdivision. If no criminal record information has been recorded, the Department of Justice shall provide the employer with a statement of that fact as soon as possible, but not later than 30 calendar days from the date of receipt of the fingerprints. If new fingerprints are required for processing, the Department of Justice shall, as soon as possible, but not later than 30 calendar days from the date of receipt of the fingerprints, notify the employer that the fingerprints were illegible.
(2) Fingerprints may be taken by any local law enforcement officer or agency for purposes of paragraph (1).
(3) Counties shall notify any recipient of, or applicant for, in-home supportive services or personal care services under the Medi-Cal program, upon his or her  their  application for in-home supportive services or personal care services or during his or her  services, during their  annual redetermination, or upon the recipient’s changing providers, that a criminal record check is available, and that the check can be performed by the Department of Justice.
(d) (1) The Department of Justice shall charge a fee to the employer to cover the costs of administering this section.
(2) (A) If the employer is an in-home supportive services recipient, as defined described  in Section 123202.2, 12302.2,  a recipient of personal care services under the Medi-Cal program pursuant to Sections 14132.95 to 14132.97, inclusive, or any public authority or nonprofit consortium consortium,  as described in subdivision (a) of Section 12301.6, the fee shall be shared by the county and the state in the same ratio as described in Section 12306.
(B) (i) Notwithstanding any other provision of  law, and except as provided in clause (ii), the department shall, no later than January 1, 2009, implement subparagraph (A) through an all-county letter from the director.
(ii) No later than July 1, 2009, the department shall adopt regulations to implement the provisions listed in subparagraph (A).
(e) It is the intent of the Legislature that the Department of Justice charge a fee to cover its cost in providing services in accordance with this section to comply with the 30-calendar-day requirement for provision to the department of the criminal record information, as contained in subdivision (c).

SEC. 31.

 Section 16507.3 of the Welfare and Institutions Code is amended to read:

16507.3.
 (a) Beginning on October 1, 1982, child welfare services for children placed voluntarily after January 1, 1982, shall be limited to a period not to exceed 180 days. Subject to the availability of federal funding, voluntary placement services for federally eligible children may be extended for an additional six months, for a total period not to exceed 12 months for either of the following:
(1) Families who have a custodial parent or guardian in residential substance abuse treatment who is demonstrating progress that indicates the problems warranting the initial placement are likely to be resolved within the extended time period.
(2) Families whose minor child is seriously emotionally disturbed, who requires placement in a residential treatment facility, who otherwise would be likely to be found to fit the description in subdivision (c) of Section 300, and who reasonably may be expected to be returned home within the extended time period.
(b) Whenever a child who is  seriously emotionally disturbed child  disturbed,  as described in paragraph (2) of subdivision (a) (a),  is initially voluntarily placed, the initial placement shall be made pursuant to the approval of an interagency administrative review board board,  as described in paragraph (4) of subdivision (a) of  Section 16507.6.
(c) The extension of voluntary placement services for an additional six months shall be subject to the approval of an administrative review board pursuant to paragraphs (4) and (5) of subdivision (a) of  Section 16507.6. The extension of voluntary placement services is contingent upon the receipt of federal funding. Any administrative and foster care costs that exceed the amount of federal reimbursement shall be paid solely with county funds.
(d) An otherwise eligible child placed voluntarily prior to January 1, 1982, may remain eligible for child welfare services without regard to the length of time in placement until April 1, 1984. Beginning on October 1, 1982, such a child  those children  shall receive administrative review pursuant to the requirements of Section 16503.

SEC. 32.

 Section 17732.1 of the Welfare and Institutions Code is amended to read:

17732.1.
 (a) It is the intent of the Legislature that minor children who are residing in specialized foster care home placements on or after January 1, 1997, be allowed to remain in those homes upon reaching majority, through 22 years of age, in order to ensure continuity of care during completion of publicly funded education.
(b) A child with special health care needs may remain in a specialized foster care home, as defined in subdivision (i) of Section 17710, after 18 years of age if all of the following requirements are met:
(1) The child was a resident in the home prior to 18 years of age.
(2) A determination regarding whether the child may remain as a resident after 18 years of age is made through the agreement of all parties involved, including the resident, the foster parent, the social worker, the resident’s regional center case manager, and the resident’s parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the child’s needs and of continued compatibility with the other children in placement. The needs and service plan shall be completed within the six months prior to the child’s 18th birthday and shall be updated with any significant change and whenever there is a change in household composition. The assessment shall be documented and maintained in the child’s file, and shall be made available for inspection by the licensing staff or the county child welfare agency.
(3) The regional center monitors and supervises its placements, as part of its regular and ongoing services to clients, to ensure the continued health and safety, appropriate placement, and compatibility of the developmentally disabled  adult with developmental disabilities and  special health care needs.
(c) The department shall notify small family home applicants, as part of its orientation process, that the state Foster Family Home and Small Family Home Insurance Fund does not expand existing coverage in Article 2.5 (commencing with Section 1527) of Chapter 3 of Division 2 of the Health and Safety Code for liability resulting from the provision of care to individuals over 18 years of age.

SEC. 33.

 Section 18358.10 of the Welfare and Institutions Code is amended to read:

18358.10.
 Each foster family agency participating in this program shall enter into a contract or memorandum of understanding with the county and provide all of the following personnel and administrative and support services:
(a) (1) Special attention to the selection and training of foster parents.
(2) All participating intensive treatment foster care (ITFC) foster parents shall be provided with at least 40 hours of training in the care of children who are  emotionally disturbed children  or children who have a serious behavioral problem before becoming an ITFC parent, and before placement of a child pursuant to this program, 32 hours of ongoing in-service training within the first 12 months after becoming a certified ITFC parent, and 12 hours of ongoing in-service training each year thereafter. Training shall include, but not be limited to, working with abused and neglected children, behavior deescalation techniques, and cardiopulmonary resuscitation and first aid. All training shall be completed prior to the child’s placement in the home. In two-parent homes, placement may be made after one parent has completed 40 hours of training, provided that an additional 20 hours of ongoing in-service training are completed within 12 months after becoming an ITFC foster parent, and provided that the second parent has completed 40 hours of training and completes an additional 20 hours of training within the first six months of certification of the foster parent as an ITFC foster parent.
(3) Upon approval of the county interagency review team or the county placing agency, the training requirements specified in paragraph (2) for a participating foster parent in this program may be waived for foster parents with prior experience that includes, but is not limited to, working for at least one year with children who are  emotionally disturbed children  or children who have a serious behavioral problem.
(4) Foster parents shall be provided with all necessary support services.
(b) Caseloads for participating social work case managers that average eight children, except as provided in paragraph (1) of subdivision (b) of Section 18358.30.
(c) The specific assignment to each certified family home of a trained support counselor with experience in residential treatment.
(1) The support counselor shall have one of the following:
(A) A bachelor’s degree in a social science related field and at least six months of experience in working with children who are  emotionally disturbed children  or children who have a serious behavioral problem.
(B) An associate degree in a social science related field and have at least one year’s experience in working with children who are  emotionally disturbed children  or children who have a serious behavioral problem.
(C) Upon approval of the county interagency review team or the county placing agency, the educational requirements may be waived for support counselors with at least two years of experience working with children who are  emotionally disturbed children  or children who have a serious behavioral problem, and who demonstrate a combination of education, skills, and experience that meets the specific cultural and linguistic needs of the target population.
(2) Each participating foster family agency shall provide each support counselor with 40 hours of training to include, but not be limited to, working with abused and neglected children, behavior deescalation techniques, cardiopulmonary resuscitation, first aid, and developing treatment plans for children who are  emotionally disturbed children  or children who have a serious behavioral problem. All training shall be completed prior to placing a child in a certified family home for which the support counselor is assigned responsibility. An additional 20 hours of ongoing in-service training is required within the first 12 months after becoming an ITFC support counselor.
(3) Each support counselor shall provide support service to the child and the foster family. This service shall include, but not be limited to, structuring a safe environment for the child, collateral contacts, and any administrative or training functions necessary to implement the child’s needs and services plan. The child’s needs and services plan shall ensure that services meet the child’s needs and are appropriate to and consistent with the minimum level of service specified in Section 18358.30. The child’s individual needs and services plan shall be reviewed and approved by the certified foster parents.
(d) Coordination services with local education agencies and the service provider’s nonpublic school, where applicable.
(e) A 24-hour on call administrator who is available to respond to emergency situations.

SEC. 34.

 Section 18358.15 of the Welfare and Institutions Code is amended to read:

18358.15.
 (a) Each foster family agency participating in the program shall develop the child’s needs and services plan, and have it agreed to by the county interagency review team, or county placing agency, and certified foster parents. Each foster family agency participating in the program shall provide the services and supports identified in the needs and services plan which that  are allowable under California’s foster care program in accordance with Sections 11460 and 11463, and their implementing regulations. Each foster family agency shall also arrange for the services needed by each child and for which the child meets eligibility criteria under applicable publicly funded programs, including, but not limited to, mental health, education, and health services. The foster family agency shall arrange for these services funded by those publicly funded programs to be delivered either by the private nonprofit organization that also operates the foster family agency or by another qualified provider. Children in the ITFC program who meet the public mental health system criteria for mental health services and supports shall have those services and supports funded by the Early Periodic Screening, Diagnosis, and Treatment (EPSDT) program pursuant to Section 14718 and other appropriate mental health system sources. This subdivision shall not be construed to change the eligibility criteria for EPSDT benefits or services pursuant to federal law. The services that the foster family agency shall provide or arrange for include, but are not limited to, the following:
(1) Individualized needs and services plans that ensure continuity and stability in the placement of participating children in certified family homes that meet the needs of eligible children, including children making the transition from institutional placement to noninstitutional placement. The needs and services plan for each child in placement shall describe the specific needs of the child and the appropriate level of services provided to the child pursuant to Section 18358.30.
(2) Education and mental health services for children.
(3) In-home and support services necessary to implement the case plan.
(4) Other necessary services for children in placement, including medical and dental services.
(b) No more than one child who is  emotionally disturbed child  or child who has a serious behavioral problem shall be placed in a certified ITFC family home unless the participating foster family agency provides the placing or participating county welfare department with a written assessment of the risk and compatibility of placing together two children who are emotionally disturbed or have a serious behavioral problem. More than two children who are emotionally disturbed or have serious behavioral problems who are siblings may be placed together in the same certified family home if the placement is approved by the county interagency review team or the county placing agency of the participating county. However, there shall be no more than a total of five children living in a certified family home with two adults, and there shall be no more than a total of three children living in a certified family home with one adult, except in cases where children living in the home other than those placed pursuant to this chapter are 15 years of age or older.
(c) Any use of physical contact to manage the behavior of a child that is reported to the foster family agency pursuant to Section 18538.25 shall in turn be reported by the foster family agency to the Community Care Licensing Division of the department as a special incident pursuant to Section 80061 of Title 22 of the California Code of Regulations.

SEC. 35.

 Section 18358.20 of the Welfare and Institutions Code is amended to read:

18358.20.
 In addition to the requirements of Sections 18358.10 and 18358.15, any foster family agency that serves children under this program shall have a contract or memorandum of understanding with the county prior to accepting referrals of children. The contract or memorandum of understanding shall identify how the foster family agency will provide or arrange for the following services and activities:
(a) An effective 24 hours a day, seven days a week social work emergency response service. The plan shall include the criteria for an in-person response and define the timeframe in which in-person response will be made.
(b) Mental health coverage available as needed for mental health emergencies.
(c) Development of a service plan approved by the placing county for each child within one month of placement that thoroughly assesses the unique needs and strengths of the child in the life domains specified in paragraph (1), and identifies the necessary services and supports to improve outcomes.
(1) For purposes of this section, “life domains” means the framework of important aspects of a child’s life to be assessed in the child’s service plan, including, but not limited to, the following:
(A) Safety.
(B) Emotional and psychological well-being.
(C) Behavioral.
(D) Family and living situation.
(E) Social and recreational.
(F) Cultural and spiritual.
(G) Educational and vocational.
(H) Health.
(I) Developmental.
(2) Applicable services and supports associated with each life domain, which may include, but are not limited to, the following:
(A) The child’s need for mental health service interventions.
(B) Individual or group mental health treatment services.
(C) Psychotropic medication and monitoring.
(D) Behavior analysis, positive behavioral interventions, and behavioral modification techniques.
(E) Interventions designed to prevent entry or reentry into the juvenile justice system.
(F) Family reunification services, parent training, or other support services needed to return the child home, or when that is not possible, to establish, reestablish, or reinforce a lifelong relationship with a caring adult.
(G) Family finding services to support and enhance access to lifelong permanent relationships with relative and nonrelative kin.
(H) Targeted life skills training and resources to ensure appropriate access to social and recreational resources and relationships, as needed to support the achievement of important developmental milestones.
(I) Mentoring or developing of positive adult relationships.
(J) Education supports, as needed to maintain and enhance the child’s educational success and stability.
(K) Education liaison services as needed to support the child’s education in the least restrictive environment.
(L) Respite care.
(M) Support counselors.
(N) Case management to ensure appropriate and effective coordination of activities and resources as identified in the needs and services plan.
(d) A system for recruiting, training, and supervising qualified in-home support counselors.
(e) A system of record keeping that documents the delivery of services and supports to each child. This documentation shall be summarized and submitted on an annual basis to the county. Each agency shall report the type and cost of the services delivered.
(f) Written policies and procedures on how the program will be structured to ensure the safety of the child, how suicide attempts, runaways, sexual acting out or, violent and assaultive behavior will be handled, and what will occur to reduce or eliminate future episodes.
(g) Written procedures on frequency of treatment plan review, modifications of treatment plans, and the role of the foster family and the child’s parents in development of the treatment plan.
(h) A process for recruitment, selection and training of foster parents, including respite foster parents. The training curriculum shall include the following areas, at a minimum:
(1) Alternative forms of discipline.
(2) Child growth and development.
(3) Behavior management techniques.
(4) Differential needs and treatment of children.
(5) Behavior deescalation techniques.
(i) Arranging for the provision of respite care services and frequency of respite care.
(j) Social work staffing. Social workers shall have a master’s degree consistent with subdivision (e) of Section 1506 of the Health and Safety Code, and shall have at least one year of experience working with children who are  seriously emotionally disturbed children  or children who have a serious behavioral problem.
(k) Other staff or contract services to be utilized in service delivery, the tasks and responsibilities of those individuals, and the training they will receive.
(l) An evaluation component that includes quarterly reporting to the department of the following data, by age group. The department shall publish the data annually.
(1) Number of children placed under this chapter.
(2) Number of prior foster care placements for each child prior to entering the ITFC program.
(3) Outcomes for children referred to the program, including:
(A) Percentage of children discharged to a more intensive program.
(B) Percentage of children discharged to a less restrictive program, short of permanency.
(C) Percentage of children who drop down an ITFC level.
(D) Percentage of children discharged to reunification with a parent or guardian.
(E) Percentage of children discharged to adoption.
(F) Percentage of children discharged to kin guardianship.
(G) Percentage of children discharged to other permanent outcome.
(H) Percentage of children hospitalized.
(I) Number of ITFC families in which a child was placed.
(J) Percentage of children continuing in placement.
(m) A plan for surveying placing counties annually to ascertain and report to the department on the following:
(1) Quality of services provided.
(2) Progress toward treatment goals.

SEC. 36.

 Section 18986.40 of the Welfare and Institutions Code is amended to read:

18986.40.
 (a) For the purposes of this chapter, “program” or “integrated children’s services programs” means a coordinated children’s service system, operating as a program that is part of a department or State Department of Health Care Services initiative, that offers a full range of integrated behavioral social, health, and mental health services, including applicable educational services, to children who are  seriously emotionally disturbed and special needs children,  children with special needs,  or programs established by county governments, local education agencies, or consortia of public and private agencies, to jointly provide two or more of the following services to children or their families, or both:
(1) Educational services for children at risk of dropping out, or who need additional educational services to be successful academically.
(2) Health care.
(3) All mental health diagnostic and treatment services, including medication.
(4) Substance abuse prevention and treatment.
(5) Child abuse prevention, identification, and treatment.
(6) Nutrition services.
(7) Child care  Childcare  and development services.
(8) Juvenile justice services.
(9) Child welfare services.
(10) Early intervention and prevention services.
(11) Crisis intervention services, as defined in subdivision (c).
(12) Any other service which that  will enhance the health, development, and well-being of children and their families.
(b) For the purposes of this chapter, “children’s multidisciplinary services team” means a team of two or more persons trained and qualified to provide one or more of the services listed in subdivision (a), who are responsible in the program for identifying the educational, health, or social service needs of a child and his or her  their  family, and for developing a plan to address those needs. A family member, or the designee of a family member, shall be invited to participate in team meetings and decisions, unless the team determines that, in its professional judgment, this participation would present a reasonable risk of a significant adverse or detrimental effect on the minor’s psychological or physical safety. Members of the team shall be trained in the confidentiality and information sharing provisions of this chapter.
(c) “Crisis intervention services” means early support and psychological assistance, to be continued as necessary, to children who have been victims of, or whose lives have been affected by, a violent crime or a cataclysmic incident, such as a natural disaster, or who have been involved in school, neighborhood, or family based critical incidents likely to cause profound psychological effects if not addressed immediately and thoroughly.